1998 (10) TMI 272

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..... The Revenue has filed this appeal against the order-in-appeal dated 27-7-1992 passed by the C.C.E. (Appeals), Ahmedabad. 2. Ld. DR stated that respondents who are manufacturers of thermoware had filed C/List 6-9-1990 in respect of Rigid PU Foam used as insulation material and obtained by injecting chemical by INSITU process in thermoware showing it under sub-heading No. 3921.11 but claiming th .....

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..... nufacture of a new commodity takes place in-situ. 4(a). Appellate Collector has proceeded on the basis that insulating material manufactured inside the thermoware cannot be said to be marketable but failed to appreciate that without insulating material the end product could not be used at all and the PU Foam gets manufactured and marketed along with the final product. Therefore, it is not corr .....

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..... r about marketability are not correct. CEGAT s decision on which the Appellate Collector has relied has not been accepted by the Department and an appeal has been preferred before the Supreme Court. 5. Ld. Counsel stated that no new product comes into existence by injecting insulating material during the process of manufacture of plastic articles in question and it is the final product alone whi .....

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